Doctor swaps gibes with prosecutor in OxyContin trial

BILL KACZORAssociated Press

Published Saturday, February 09, 2002

MILTON (AP) -- A prosecutor demanded to know why a doctor prescribed OxyContin to patients he knew were abusing the painkiller during sarcastic cross-examination at the physician's manslaughter trial Friday.

Dr. James Graves insisted he had sound medical reasons for letting addicts have the narcotic, including a woman who got a new prescription the day after another patient died from an OxyContin overdose in December 1999.

"What were you thinking?" Assistant State Attorney Russell Edgar asked. "Were you thinking at all?"

Edgar didn't wait for an answer, but the doctor addressed the issue in other testimony. He said he wanted to prevent the woman, Martha Blackmon, from going into withdrawal so she could care for her children until beginning a drug rehabilitation program.

"I believe that anybody who is involved in IV drug abuse is a human being, and I think as a human being they deserve care," Graves testified.

Graves, who had a pain management practice in nearby Pace, is accused of making hundreds of thousands of dollars by running a "prescription mill," seeing an average of 40 patients daily by his own estimate.

The former Navy doctor is charged with manslaughter in the deaths of four patients, racketeering and unlawful delivery of a controlled substance. If convicted on all counts, he could get up to 30 years in state prison.

Graves testified all day Thursday and Friday, his 55th birthday, as the trial ended its fourth week. Graves' cross-examination will continue next week when the defense also plans to call additional witnesses.

The doctor testified on direct examination that he had been unaware the four deceased patients were abusing the OxyContin. Edgar asked if he prescribed medication to anyone who complained of pain.

"You know what?" Graves replied. "I'm not a police officer. I don't know the criminal record. All I know is what a patient tells me."

Graves and Edgar repeatedly interrupted each other and the doctor continued talking at one point as Circuit Judge Kenneth Bell tried to restore order.

"I talk, you shut up," Bell admonished the doctor. The judge later whistled and pounded his hand on his desk to stop another exchange of gibes, ordering a bailiff to fetch a gavel.

When Edgar asked if Graves had told Blackmon to mix crushed OxyContin tablets with water before injecting the drug, the doctor shot back "That's absurd and ridiculous."

Graves questioned the prosecutor when Edgar asked if he made sure addicted patients weren't abusing the drugs.

"A doctor can't be present to monitor what that patient does with that prescription, can he?" Graves asked.

"No," Edgar said. "No more than if you gave a gun to a child."

"I probably wouldn't give a gun to a child," Graves said.

"Why did you give narcotics to drug addicts?" Edgar asked.

"For legitimate medical reasons," Graves replied.

Graves said he discontinued many addicted patients. That included Blackmon and her husband, Danny, when both failed to go into rehabilitation as promised, he said.

Edgar implied Graves actually dropped them because he suspected they were informants, which they were, even waving around a walkie-talkie during one visit, claiming it would detect hidden recording devices.

"Isn't that a ridiculous statement you just made, Mr. Edgar," Graves replied. "I didn't do it. It wouldn't work."

The day's testimony ended with Graves accusing Edgar of picking through his 17-year-military record for things that made him look bad.

"I resent that," Edgar replied, asking the judge to reprimand Graves. Bell banged his gavel, sent the jury home for the weekend and ignored the prosecutor's request.